Hon’ble Anil Kumar, J.—Heard Sri Ramesh Pandey, learned counsel for the applicant, Sri S.P. Tripathi, learned standing counsel for the opposite parties and perused the record.

2. Initially, the petitioner for redressal of his grievance, approached this Court by filing Writ Petition No. 7750 (S/S) of 2009 (Bindheshwari Prasad Dwivedi v. State of U.P. and others) and on 1.12.2009 this Court passed the following orders:

“Issue notice to opposite pares Nos. 4 and 5.

Submission of the learned counsel for the petitioner is that the eligible candidate for being promoted to Class III by virtue of the fact he is working on the said post since 1.10.1973. His further submission is that the petitioner is going to retire within a period of one and a half years.. It is stated that no Class IV employee has been promoted on Class III post in promotee quota in the institution and the vacancy has been filled by direct requirement quota. He has placed reliance upon the decisions of this Court in the case of Jai Bhagwan Singh v. District Inspector of schools, Gautambudh Nagar and others, 2006(9) ADJ 292 (DB) and in Writ Petition No. 4380 of 2007, Vinod Kumar Singh v. D.I.O.S. Azamgarh and othe